Is an employee on an unpaid career break entitled to receive statutory notice pay?Posted in : First Tuesday Q&A NI on 7 January 2020
Firstly, it will be necessary to check whether the employee’s contract of employment is continuing or terminating during the career break.
If the contract is terminating, the employee loses their right to notice and any notice pay. If the contract of employment is continuing, the employee will continue to enjoy their statutory employment rights, one of which is the right to receive notice of their termination.
In relation to notice pay, if an employee is not carrying out any work during their notice period, generally they are not entitled to receive any notice pay for this period, unless their contract specifies otherwise.
However, article 120 and article 121 of the Employment Rights
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Contracts of Employment
- The Transfer of Employment and Changes to Contracts - How Do I Handle It?
- Hamilton v Babylife Ltd 
- Mihaljev v Anncor Ltd 
- If employees have been working from home during the coronavirus (COVID-19) pandemic, can they argue that, through custom and practice, it has become a term of their contract of employment that they are entitled to work from home on a permanent basis?
- If an employment contract is only provided to an employee a few months after employment started, what issues does this give rise to?
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.